Renew a Restraining Order

What Is “Renewing” a Restraining Order?

Your Elder or Dependent Adult Abuse Restraining Order After Hearing (CLETS—EAR or EAF) (Form EA-130) most likely has an expiration (end) date on the first page in item 4. That means that on that date, your order will end and you will no longer be protected by it.

If you are still concerned for your safety or want your restraining order to stay in place, you have to “renew” it, which makes it last longer and gives it a new end date. A renewal sometimes makes the restraining order permanent (with no end date).

You must ask the court to renew your restraining order BEFORE your current one ends.

Asking to Renew Your Restraining Order

Before your current Elder or Dependent Adult Abuse Restraining Order After Hearing (Form EA-130) ends, you can ask the court to renew your order. There is no limit on the number of years the new order can last. The order can be permanent. And there is no fee to ask the court to renew your order.

Attach a copy of your current Elder or Dependent Adult Abuse Restraining Order After Hearing (CLETS—EAR or EAF) (Form EA-130) to Form EA-700.

2. Fill out your court’s local forms (if any)Ask your local court clerk if there are local forms you have to fill out. Some courts also have forms on their website. Find your local court’s website.

3. Have your forms reviewed.If your court’s family law facilitator or self-help center helps people with restraining orders, ask them to review your paperwork. They can make sure you filled it out properly before you move ahead with your case.

4. Make at least 2 copies of all your forms.One copy will be for you, another copy will be for restrained person. The original is for the court.

5. Take your forms to the court clerk.The clerk will give your forms to the judge for his or her signature. Ask the clerk when to return to pick up your paperwork. The clerk will file your papers.

Sometimes the judge wants to talk to you. If so, the clerk will tell you.

6. The clerk or judge will set a hearing date.You must go to the hearing. Form EA-710 will tell you when and where it will be. Your restraining order will be extended until this court date.

7. Figure out WHEN you have to serve your papers byYou will have to serve the papers on the restrained person by the deadline the judge writes on your papers. This is so that the restrained person has a few days to respond to your request and prepare for court.

To find your deadline for service:

Look at your court date on Item 3 of Form EA-710.

Look at the number of days written on Item 4 on page 2 of Form EA-710.

Subtract the number of days in Item 4 from the court date. That is your deadline to serve your papers. (You can always serve before the deadline!).

8. Serve the restrained personPersonally serve the restrained person with a copy of:

Your current Elder or Dependent Adult Abuse Restraining Order After Hearing (CLETS—EAR or EAF) (Form EA-130); and

A blank Response to Request to Renew Restraining Order (Form EA-720) (for the restrained person to use to answer).

Remember, someone over 18 — NOT you or anyone protected by the restraining order — can serve the order. For more help with service, read What Is "Proof of Personal Service"? (Form EA-200-INFO). And read the section on service of process.

9. File your proof of serviceHave your server fill out a Proof of Personal Service (Form EA-200) and give it to you so you can file it with the court. This form tells the judge and police that the restrained person got a copy of the Request to Renew and the Notice of Hearing. It is very important your server fills out the Proof of Service correctly. If possible, have your court’s family law facilitator or self-help center review it to make sure it was filled out properly.

Make 5 copies of the original Proof of Service.

Take the original and the copies to the court clerk at least 2 days before your hearing. The clerk will file the original and give you back the copies stamped "Filed."

10. Go to your court hearing

Your Court Hearing

At the hearing, the judge will decide whether or not to renew the restraining order.

If you are still afraid of the restrained person, let the judge know. If the restrained person has abused you or harassed you since the last order, or disobeyed any parts of the order you are trying to renew, make sure you tell the judge and provide any proof or details about the violations.

You do not need to show that the restrained person has abused you since the last order. It will be up to the judge to decide whether to renew your restraining order or not. And the judge will decide whether to give you a new order for 5 more years or even permanently (with no end date).

If the judge renews the restraining order at the hearing:

1. Fill out an Order Renewing Elder or Dependent Adult Abuse Restraining Order (CLETS) (Form EA-730), attach the restraining order (Form EA-130) that the judge renewed, and give it to the clerk. The judge will sign Form EA-730 renewing your restraining order.

If the clerk prepares this order instead, review it carefully to make sure it matches what the judge ordered.

The clerk will file the original and give you up to 5 copies stamped "Filed."

2. Serve the restrained person.

If the restrained person was NOT at the hearing and the renewed orders are different from Form EA-130 (even if just slightly different), you must have someone serve Form EA-730 in person, not by mail. Ask the server to complete a Proof of Personal Service (Form EA-200) and give it to you.

If the restrained person was at the hearing, you do not have to legally have them served again, but it is a good idea. You can have him or her served with a copy of Form EA-730 by mail. Ask the server to complete a Proof of Service of Order After Hearing by Mail (Form EA-260) and give it to you to file.

If the restrained person was not at the hearing but the renewed orders are exactly the same as Form EA-130 (except for the end date), you can also have him or her served with a copy of Form EA-730 by mail. Ask the server to complete a Proof of Service of Order After Hearing by Mail (Form EA-260) and give it to you to file.

3. File your proof of service.

Make 5 copies of the completed Proof of Service (Form EA-200 or Form EA-260). Mail or take the original and the copies to the court clerk. The clerk will file the original and give you back the copies stamped "Filed."

The court will send the Proof of Service and Form EA-730 to law enforcement for you. That way, police across the state know that the restrained person knows about the orders.

If the clerk cannot send your Form EA-730 and Proof of Service to law enforcement on your behalf, take 1 copy to your local police. They will put the information into the state computer system.

4. Keep 1 copy of the Order to Renew Elder or Dependent Adult Abuse Restraining Order (Form EA-730), with your Elder or Dependent Adult Abuse Restraining Order After Hearing (Form EA-130) and the filed Proof of Service with you AT ALL times.

Keep another in a safe place in case you need to show it to the police.

Give a copy of your new order to everyone and every place that had a copy of the last one.

Make sure your local police have a copy of your order to renew the restraining order.